Toxic sofa victims finally win personal injury compensation payout

Hundreds of people hurt by “toxic sofas” have finally won their claims for personal injury compensation after a lengthy legal battle.

Long battle for personal injury compensation

A huge number of people brought a claim for personal injury compensation against after a chemical in sofas bought from Land of Leather caused a range of complications.

The substance, DMF, was used as an anti-fungal agent, but caused skin burns and breathing problems when people sat down on the sofa and it was this that paved the way for the personal injury compensation claims.

A total of three companies admitted liability for the injuries, Argos, Land of Leather and Walmsley’s, and a claims handling agreement which could “potentially benefit” up to 2,000 people was agreed, with the total personal injury compensation set at £20 million.

However, in the case of Land of Leather things were more complicated and their personal injury compensation claims were delayed because of this.

Personal injury compensation denied

Although Land of Leather had admitted liability, Zurich, the company’s insurers, decided that it would not pay out the personal injury compensation relating to sofas made by one of the two Chinese firms that had been providing the British companies with the products.

According to Zurich, the Land of Leather had breached the terms of its public and product liability insurance by striking its own compensation deal with Chinese firm Linkwise and as such it would not pay out the personal injury compensation that had been agreed previously.

Victory for personal injury compensation claimants

However, the 408 claimants affected by this decision decided to battle on and the solicitors representing them were able to use a 1930 act of parliament to ultimately win their bid for personal injury compensation.

One of the solicitors who handled the case explained that the issue was never just the money they would receive for their personal injury compensation claim.

“For this group of victims, losing the right to [personal injury compensation] added insult to injury. Money was never the most important thing for my clients, they wanted recognition that a wrong had been done to them. I hope that they can now look to put this ordeal behind them,” he told the Guardian.

Following the ruling in the Royal Courts of Justice the individuals involved in this particular personal injury compensation claim will share a payout of £750,000.

The case underlines the importance of hiring an expert solicitor to help handle any personal injury compensation claim, no matter how large of small.